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Arbitration

As a mediator, Paul has no authority to dictate a solution to a dispute. He simply shuttles messages back and forth between the parties and tries to mitigate the tension of direct conversations. However, the parties may choose to hire Paul to make a decision — another form of ADR called “dispositive arbitration” or simply “arbitration.” As an “arbiter” or “arbitrator,” Paul will listen to evidence at a hearing (similar to trial), render an “award,” and provide a written explanation for the award. In addition, if necessary, Paul will decide the answers to questions preliminary to the evidentiary hearing. Parties sometimes choose arbitration because it can be private, faster, and less expensive than a trial, and still, a court of record can enter a judgment enforcing the arbiter’s award.